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S00749 Summary:

S00749 Actions:

S00749 Committee Votes:

S00749 Floor Votes:

S00749 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           749
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens. BIAGGI, HOYLMAN, SALAZAR -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations and Government Operations
 
        AN ACT to amend the executive law, in  relation  to  providing  for  the
          award of attorney's fees and expert witness fees in appropriate cases
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
     2  amended  by  chapter  161  of  the  laws  of 2019, is amended to read as
     3  follows:
     4    10. [With respect to all cases of housing discrimination  and  housing
     5  related  credit  discrimination  in]  In  an action or proceeding at law
     6  under this section or section two hundred ninety-eight of this  article,
     7  the  commissioner  or  the  court may in its discretion award reasonable
     8  attorney's fees to any prevailing or substantially prevailing party; and
     9  with respect to a claim of credit discrimination where sex is a basis of
    10  such discrimination, and  with  respect  to  all  claims  of  employment
    11  discrimination  in  an action or proceeding at law under this section or
    12  section two hundred ninety-eight of this article,  the  commissioner  or
    13  the court may in its discretion award reasonable attorney's fees attrib-
    14  utable  to such claim to any prevailing party; provided, however, that a
    15  prevailing respondent or defendant in order to recover  such  reasonable
    16  attorney's  fees  must  make a motion requesting such fees and show that
    17  the action or proceeding brought was  frivolous;  and  further  provided
    18  that  in  a  proceeding  brought  in  the  division of human rights, the
    19  commissioner may only award attorney's fees as part  of  a  final  order
    20  after  a  public  hearing  held  pursuant  to  subdivision  four of this
    21  section. In no case shall attorney's fees be awarded  to  the  division,
    22  nor  shall  the  division  be  liable  to  a prevailing or substantially
    23  prevailing party for attorney's fees, except in  a  case  in  which  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02894-01-1
        S. 749                              2
 
     1  division  is  a  party to the action or the proceeding in the division's
     2  capacity as an employer.  Expert witness fees may be awarded in the same
     3  manner as attorney's fees. In  cases  of  employment  discrimination,  a
     4  respondent  shall only be liable for attorney's fees under this subdivi-
     5  sion if the respondent has been found liable  for  having  committed  an
     6  unlawful  discriminatory  practice.  In  order  to  find  the  action or
     7  proceeding to be frivolous, the court or the commissioner must  find  in
     8  writing one or more of the following:
     9    (a)  the  action or proceeding was commenced, used or continued in bad
    10  faith, solely to delay or prolong the resolution of the litigation or to
    11  harass or maliciously injure another; or
    12    (b) the action or proceeding was commenced or continued in  bad  faith
    13  without  any reasonable basis and could not be supported by a good faith
    14  argument for an extension, modification or reversal of existing law.  If
    15  the  action  or  proceeding  was promptly discontinued when the party or
    16  attorney learned or should have learned that the  action  or  proceeding
    17  lacked such a reasonable basis, the court may find that the party or the
    18  attorney did not act in bad faith.
    19    §  2.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law.